HomeMy WebLinkAboutCity Council - 2012-18 RESOLUTION NO. 2012-18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH CERTIFYING THE FINAL SUBSEQUENT
ENVIRONMENTAL IMPACT REPORT(SCH#2007041027) FOR
THE HUNTINGTON BEACH SENIOR CENTER PROJECT
WHEREAS, Subsequent Environmental Impact Report No. 07-002, State Clearinghouse
#2007041027, ("SEIR") was prepared by the City of Huntington Beach ("City") in response to
Parks Legal Defense Fund, et al. v. City of Huntington Beach, et al. to address the environmental
implications of the proposed Huntington Beach Senior Center Project(the "Project").
• On April 2, 2007, a Notice of Preparation/Initial Study for the Project was prepared
and distributed to the State Clearinghouse, other responsible agencies, trustee
agencies and interested parties.
• After obtaining comments received in response to the Notice of Preparation, and
comments received at the public scoping meeting held on April 19, 2007, the City
completed preparation of the Draft Environmental Impact Report ("EIR") and filed a
Notice of Completion with the State Clearinghouse on September 13, 2007.
• The Draft EIR was certified by the City Council on February 4, 2008.
• Pursuant to the court requirement that the original certification of the EIR be set
aside, a Draft Subsequent EIR was completed and circulated for public review and
comment from September 15, 2011 to October 31, 2011 and was available for review
at several locations including City Hall, the Huntington Beach Central Library, and
the City's website; and
Public comments have been received on the Draft Subsequent EIR, and responses to
those comments have been prepared and provided to the City Council as a section within a
separately bound document entitled "Final Subsequent Environmental Impact Report Huntington
Beach Senior Center" (the"Responses to Comments"), dated December 2011; and
The Public Resources Code 21092.5(a) requires that the City of Huntington Beach
provide a written proposed response to any public agency that commented on the Subsequent
Environmental Impact Report, and the Response to Comments included in the Final Subsequent
Environmental Impact Report satisfies this provision; and
The City Council held a public meeting on the Subsequent EIR on April 16, 2012, and
received and considered public testimony.
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
resolve as follows:
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Resolution No. 2012-18
1. Consistent with CEQA Guidelines Section 15132 and Section 15162, the Final
Subsequent EIR for the Project is comprised of the Draft Subsequent EIR and Appendices, the
comments received on the Draft Subsequent EIR, the Responses to Comments (including a list of
persons, organizations, and public agencies commenting on the Draft Subsequent EIR), the Text
Changes to the Draft Subsequent EIR (bound together with the Responses to Comments) and all
Planning and Building Department Staff Reports to the Planning Commission and City Council,
including all minutes, transcripts, attachments and references. All of the above information has
been and will be on file with the City of Huntington Beach Department of Planning and
Building, 2000 Main Street, Huntington Beach, California 92648.
2. The City Council finds and certifies that the Final Subsequent EIR is complete
and adequate in that it has identified all significant environmental effects of the Project and that
there are no known potential environmental impacts not addressed in the Final Subsequent EIR.
3. The City Council finds that although the Final Subsequent EIR identifies certain
significant environmental effects that will result if the Project is approved, all significant effects
which can feasibly be mitigated or avoided have been mitigated or avoided by the incorporation
of Project design features, standard conditions and requirements, and by the imposition of
mitigation measures on the approved Project.
4. The City Council finds that the Final Subsequent EIR has described reasonable
alternatives to the Project that could feasibly obtain the basic objectives of the Project (including
the "No Project" Alternative), even when these alternatives might impede the attainment of
Project objectives and might be more costly. Further, the City Council finds that a good faith
effort was made to incorporate alternatives in the preparation of the Draft Subsequent EIR and
that a reasonable range of alternatives was considered in the review process of the Final
Subsequent EIR and ultimate decisions on the Project.
5. The City Council finds that no "substantial evidence" (as that term is defined
pursuant to CEQA Guidelines Section 15384) has been presented which would call into question
the facts and conclusions in the Subsequent EIR.
6. The City Council finds that no "significant new information" (as that term is
defined pursuant to CEQA Guidelines Section 15088.5) has been added to the Subsequent EIR
after circulation of the Draft Subsequent EIR. The City Council finds that the minor refinements
that have been made in the Project as a result of clarifications in the text of the Draft Subsequent
EIR do not amount to significant new information concerning the Project, nor has any significant
new information concerning the Project become known to the City Council through the public
hearings held on the Project, or through the comments on the Draft Subsequent EIR and
Responses to Comments.
7. The City Council finds that the Mitigation Monitoring and Reporting Program
establishes a mechanism and procedures for implementing and verifying the mitigation measures
pursuant to Public Resources Code 21081.6 and hereby adopts the Mitigation Monitoring and
Reporting Program. The mitigation measures shall be incorporated into the Project prior to or
concurrent with Project implementation as defined in each mitigation measure.
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Resolution No. 2012-18
8. The City Council finds that the Final Subsequent EIR reflects the independent
review and judgment of the City of Huntington Beach City Council, that the Final Subsequent
EIR was presented to the City Council, and that the City Council reviewed and considered the
information contained in the Final Subsequent EIR prior to approving General Plan Amendment
No. 11-004 and Conditional Use Permit No. 07-039(R).
9. The City Council finds that the Final Subsequent EIR serves as adequate and
appropriate environmental documentation for the Project. The City Council certifies that the
Final Subsequent EIR prepared for the Project is complete, and that it has been prepared to
respond to the California Court of Appeals ruling, dated December 13, 2010 and in compliance
with the requirements of the California Environmental Quality Act and CEQA Guidelines.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 16t:h day of F,pri 1 , 201 2
Mayor
REVIE D D APPROVED:
;;7=VED:
nager 4
Director of Planning and Building
APPROVED AS TO FORM:
City Alto ey
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Res. No. 2012-18
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a regular meeting thereof held on April 16, 2012 by the following vote:
AYES: Harper, Dwyer, Hansen, Carchio, Bohr
NOES: Shaw, Boardman
ABSENT: None
ABSTAIN: None
CiVclerk and ex-officio Jerk of the
City Council of the City of
Huntington Beach, California